The US Court of Appeals for the Federal Circuit issued its opinion in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061 (Fed. Cir. 2024), holding that “a first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued, earlier-expiring reference claim having a common priority date.” The decision, issued on August 13, 2024, clarifies the scope and applicability of Federal Circuit’s previous decision in In re Cellect, LLC, 81 F.4th 1216 (Fed….
By: DLA Piper
By: DLA Piper
